HELENA, Mont. (Legal Newsline) – On Aug. 23, an Ohio federal judge remanded a lawsuit against Purdue Pharma by Montana Attorney General Tim Fox over allegations deceptive promotion of OxyContin and returned the litigation to the state court.
Fox claims the recent court decision as a legal victory in the lawsuit against Purdue, which was originally filed in February in a Montana District Court. Fox asked the court for a preliminary injunction against Purdue's product marketing campaign in Montana but in March, Purdue was able to have the case moved to federal court, according to the attorney general's office.
“I am pleased the judge sent this case back to a Montana court, where it belongs,” Fox said in a statement. “As our investigation revealed and our complaint alleges, Purdue Pharma has knowingly and deceptively harmed Montanans, and so we will be moving this case forward with vigor and diligence.”
Among Fox's allegations against Purdue are that the company misrepresented the drug's long-term use leading to addiction and falsely claiming OxyContin would improve overall health quality without disclosing the harmful side effects of long-term opioid use.
The attorney general also alleged Purdue claimed OxyContin works for 12 hours when it knew many patients required frequent increases in dosages, which increased the chances for addiction. Purdue allegedly also falsely claimed opioids as a safe alternative to narcotics when it knew the drugs where regularly abused, the attorney general's office said.
The attorney general is seeking injunctive relief to halt Purdue's deceptive marketing and three times the amount of damages sustained by the state for treating the adverse effects of opioids through the state's Medicaid and the Montana Healthcare Plan among other damages.